ACCA F4 (ENG) Corporate and Business Law Dec 2013

Chapter 1 English legal system

Civil Law
Civil law sets out the rights and duties of persons as between themselves. The person whose rights have been infringed can claim a remedy from the wrongdoer. The aim, therefore, of the civil law is to provide a means whereby an injured party can obtain compensation. The claimant sues the defendant. If the claimant can prove the wrong on the balance of probabilities (i.e. his litigation is successful and the defendant is held liable) then: The civil court will order the defendant to pay damages or it might order some other remedy such as specific performance or injunction.

Criminal Law
Criminal law is concerned with conduct that is considered so undesirable that the State punishes persons who transgress. The aim, therefore, of the criminal law is to regulate society by the threat of punishment. The State prosecutes the accused / defendant. If the State can prove the offence beyond reasonable doubt (i.e. the prosecution is successful and the defendant is found guilty and convicted) the criminal court will sentence the defendant to a fine or it might impose some other punishment such as imprisonment.

The major criminal courts are: 1. The Magistrates Courts, where magistrates conduct trials of minor crimes. 2. The Crown Courts, where a judge sitting with a jury conducts trials of serious crimes.

Civil Courts
The Main Courts Supreme Court Court of Appeal High Court of Justice County Courts

MAIN

Other Courts Magistrates Courts Employment Appeal Tribunal European Court of Justice European Court of Human Rights

CIVIL COURT STRUCTURE

Supreme Court

Court of Appeal

High Court

EAT

County Court

Magistrates Court